I gave my ex money towards his mortgage and paid for things around the home, now we've broken up am I entitled to anything?

I have recently broken up with my partner, we were not married but we were living together.

During the two years I lived with him, I paid him a monthly sum towards his mortgage repayments and also paid for lots of things around the home.

Therefore, am I entitled to anything now such as a portion of the money I paid out for the home? If I am how do I go about asking for this money, should I create a list of the items or can I just ask for a total sum of money? Via email.

I lived with my ex but we weren't married, am I entitled to any money now we've split up?

Rebecca Rutt, of This is Money, replies: We are often contacted by readers who have broken up with their partners and had a problem with separating their finances.

This can be for many reasons, but generally it occurs when money has been exchanged and a contract hasn't been written up explaining why the money was given.

This means that when it comes to asking for the money back, things can get very tricky and usually it becomes a case of one party trying to prove that money given was done so with the intention of it being paid back at some point.

Share this article

HOW THIS IS MONEY CAN HELP

In your case you lived with your partner for two years and during that time you gave him a monthly sum of money which he used to pay towards his mortgage. You also say you paid for several things around the house.

Therefore you're now asking if you are entitled to any of the money you paid in rent back from your ex and also if he can give you back any of the items you bought while living with him.

We approached a legal expert to find out what your options are.

Karen Holden, managing director for A City Law Firm, replies: ‘Payment of rent alone will not give rise to a claim or interest in the property. This is the same relationship a tenant and landlord would have.

‘However, if the intention of you paying the monthly rent to your partner was for the money to go towards mortgage repayments or a deposit that would be shared between you, then it may be possible to argue that you have a beneficial interest in the property.

‘If you paid for items around the house such as a microwave and toaster or for general living expenses, then it may be possible to argue that you gave your ex-partner a loan in respect of these and you may be able to ask for some or all of the money back.

ASK AN EXPERT

‘You should ask your ex-partner to pay you back, as loans are usually re-payable on demand, but if he refuses and this were to go to court it would be for you to prove your claim and therefore if you can list and evidence your claim and what the agreement was between you, all the better.

‘Irrespective of the relationship between the parties, any agreement should have been in writing.

'However if, like many couples do, terms were agreed verbally and there is no written evidence of a contract, a judge would need to consider whether there was a loan agreement between you, or whether you ‘gifted’ these items or money to your ex-partner.

‘This would be evidenced by supporting documentation and proof such as letters, emails, witness evidence, text messages or social media.

‘Without paperwork showing what the agreement was between the parties it will come down very much to evidence and who the court believes in terms of what were your intentions and what costs/product can be evidenced as having been purchased/loaned.’

I paid my ex rent money and bought things for his home, can I now ask him to pay me back?

Rebecca Rutt, of This is Money, adds: 'If you ask your partner to pay you back for the items you bought when you lived with him, or for the rental payments, and he agrees, you can then arrange for the payment to be transferred and the matter will be resolved.

However, more often than not, in these situations ex partners can be reluctant to pay out money owed once the relationship is over.

If your ex is unwilling to pay you anything and legal action is the next step the easiest and cheapest way to start legal proceedings in your case is through the small claims court.

You can do this through the Money Claims Online system and the fee you have to pay will depend on the total value you are asking your ex to pay you.

Being notified of the claim may prompt your partner to pay you before the case goes any further but if not, the case will proceed to a hearing where a judge will consider the evidence.

If the judge rules in your favour, your former partner will be ordered to pay the loan amount, as well as an additional sum to cover extra costs.

Do you want to automatically post your MailOnline comments to your Facebook Timeline?

Your comment will be posted to MailOnline as usual

We will automatically post your comment and a link to the news story to your Facebook timeline at the same time it is posted on MailOnline. To do this we will link your MailOnline account with your Facebook account. We’ll ask you to confirm this for your first post to Facebook.

You can choose on each post whether you would like it to be posted to Facebook. Your details from Facebook will be used to provide you with tailored content, marketing and ads in line with our Privacy Policy.